National U.S. v. Torres 9th Circuit - Illegal Aliens Cannot Possess Firearms

[RicInOR]

Ninth Circuit Upholds Federal Ban on Gun Ownership by Illegal Aliens

Other circuit courts have reached the same result, though not all have used the same reasoning.
Eugene Volokh|

The decision is U.S. v. Torres (handed down yesterday). The court doesn't decide whether "the people" in the Second Amendment includes illegal aliens, but does conclude that illegal aliens are at least outside "the core" of the Second Amendment right:

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[Stomper]

"[D.C. v. Heller] tells us that the core of the Second Amendment is 'the right of law-abiding, responsible citizens to use arms in defense of hearth and home.'" ... [Title 18] § 922(g)(5) does not burden this core right, because the prohibition applies only to those who are present in the United States "illegally or unlawfully."

Because of this, the court evaluated the ban on gun possession by illegal aliens under only "intermediate scrutiny," rather than "strict scrutiny." In practice, intermediate scrutiny has sometimes been read as quite demanding of the government (almost as demanding as strict scrutiny), for instance as to sex discrimination or commercial speech restrictions. But in other areas, it has often ended up being much less demanding, for instance as to restrictions that incidentally burden symbolic expression, as to content-neutral speech restrictions (at least in many cases), and as to restrictions on gun possession. And here, the Ninth Circuit concluded that the law satisfied this standard, chiefly because it saw gun ownership by illegal aliens as particularly dangerous:

"[T]hose who show a willingness to defy our law are ... a group that ought not be armed when authorities seek them." If armed, unlawful aliens could pose a threat to immigration officers or other law enforcement who attempt to apprehend and remove them.

OMG.... the 9th "Circus" actually called a spade a spade?! ILLEGAL ALIENS & not "immigrants"?

 

[Lilhigbee]

While I certainly agree with the ruling, there are some phrases I find disconcerting;
"In practice, intermediate scrutiny ...has often ended up being much less demanding, for instance ... as to restrictions on gun possession."
THERE'S a can of worms I'd rather not see opened. There should only be one standard, Strict Scrutiny, for anything Constitutional!!

and;
"[T]hose who show a willingness to defy our law are ... a group that ought not be armed when authorities seek them."
Who might this wind up being applied to?? Speeders?? Smokers in public places?? Motorcyclists without a helmet??

This is the mindset that puts the slippery in slippery slope!!

 

[Slobray]

OMG.... the 9th "Circus" actually called a spade a spade?! ILLEGAL ALIENS & not "immigrants"?

That's because this was a 3 judge panel.............................

As per their SOP, I'm sure that right now the rest of the leftist partisan activists seated on the court are planning on having a full en banc hearing to change that offensive language.



Ray

 

[titsonritz]

How about we start with "Illegal aliens cannot be in this f'n country"?

 

[BSG 75]

The 9th Circuit justices don't want anyone to own guns, including US citizens. When it comes to favoring illegal immigrants vs reducing gun ownership that's a hard call for them, but ultimately their dislike of gun ownership exceeded their love for illegal immigrants.

The Ninth Circuit's Asylum Ban Ruling Is a Message to Trump

Ninth Circuit Unsafe Handgun Act Ruling: Bizarre, Unconstitutional California Gun-Control Law Upheld | National Review

 

[Zathras]

Agreed on slippery slope... Teach your kid at home? You're an extremist. Too dangerous when the state education goons come to see why your kids haven't taken their soma, so you best not have weapons either.